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Sexual offenses should be dealt with strictly: Delhi HC

  • Crimes against women are on a rise especially sexual offenses against women and so is the need to deal with sexual offenders. The Delhi High Court released a statement stating that that no leniency should be granted to sexual offenders.

    Recently, it has imprisoned a convict for a heinous crime and increased his imprisonment to seven years whereas earlier it was three years. “Rape is a heinous crime not only against the individual but also against the society at large. The offenses against women more particularly under section 376 of the Indian Penal Code (IPC) are increasing.”

    “Therefore, if such an offense is committed it has to be dealt with strictly and no leniency should be shown,” as said by the High Court Bench which consisted of Justices G S Sistani and Sangita Dhingra Sehgal. This observation was made while punishing the convict Tanjeer Alam who raped a 15 year old girl in May 2011. The court stated that the punishment that has been given shown the gravity of the offense committed and the impact it has on the society.

    “It is necessary for the courts to imbibe the legislative wisdom and respect it. The legislature in its wisdom made a provision for awarding a sentence of less than seven years when there are special and adequate reasons for the same. The power under the proviso is not to be used arbitrarily or routinely. It is to be used sparingly and only in cases where special facts and circumstances justify a reduction. In the present case, at the time of commission of offense, prosecution was minimum seven years of rigorous imprisonment which can be reduced only if there exist some special and adequate reasons for the same.” said the court.

    The bench remarked, “Consider the age of the prosecutrix at the time of the occurrence of the offense…it is not a fit case where sentence less than the minimum should be awarded.” In November 2015 Tanjeer Alam was awarded a varying jail term for rape and kidnap. The sessions court had sentenced a jail term for three years and an additional one year for kidnapping the minor.

    The victim was kidnapped and raped when she was going to meet her father at his stall near Seelampur police station in north east Delhi. The convict denied the allegations and stated that the girl was in love with him and went with him on her own wish and will and wanted to marry him.
     

    OUR TAKE


    The Delhi High Court has taken the right step forward, the crimes against women are increasing and even though the offenders are being punished such offenses are not seeing the end of it. We feel such crimes can be reduced by strict punishment as it would deter other people in the nation from even thinking about committing a heinous crime. We hope that the High Court maintains its stance of punishing such offenders strictly and indeed the results will be seen in the coming years.

     


    Visit the Indian Kanoon section of LawRato to learn more on Indian Laws.

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